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(영문) 광주지방법원 2016.01.28 2015고단4906
절도등
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Majority Opinion] On January 4, 2013, the Defendant was sentenced to two years of imprisonment by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on October 21, 2014.

[Criminal facts]

1. On June 18, 2015, at around 08:21, the Defendant: (a) opened a door that was parked on the road front of Gwangju Seo-gu, Seo-gu, Gwangju; (b) opened a new card, lot, card, our card, driver’s license, and driver’s license that was located at that place; and (c) stolen one hand room worth KRW 70,000 of the market price that includes a new card, lot, card, driving license, and driver’s license.

2. On July 31, 2015, around 10:32, the Defendant: (a) intruded into the house of the victim AA located in the Seo-gu, Seo-gu, Gwangju; and (b) stolen goods equivalent to KRW 2,145,000 in total market price, including KRW 2,00,000,000, the market price of which was the victim’s possession, and KRW 2,145,000,000, in cash; and (c) one swine dives containing KRW 15,000, in cash.

3. On August 30, 2015, around 13:15, the Defendant abused the Victim AC house located in Seo-gu Gwangju, Seo-gu, Gwangju, and caused the theft of KRW 20,000,00, which is the cash owned by the said Victim, on his/her inner book.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of AC, X, and A;

1. On-site photographs;

1. A previous conviction in judgment: Application of a written inquiry, a written inquiry by each person, and the current status of expropriation;

1. Relevant Article of the Criminal Act and Articles 329 and 319 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes No. 1 for reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] Crimes No. 4 for general property, which do not fall under the aggravated area (1 year and six months to four years), (2 for the same repeated crime [the scope of recommending punishment] for general property.

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